Call us: 01825 762281 email: info@dawson-hart.co.uk

Family mediation

There are many different methods and types of family mediation. At Dawson Hart we firmly believe that family mediation carried out by legal practitioners in a way fully endorsed and advocated by Resolution gives clients the best chance of reaching a sensible settlement. 

Family Mediation is a way of resolving disputes which arise before, during or after separation or divorce in an environment where the parties can communicate directly with each other with the assistance of a trained mediator and reach agreement on the issues between them.  (It is not relationship counselling and has nothing to do with helping parties to reconcile.) 

It must be stressed that even though the mediator is a practising solicitor, their role is not to give legal advice but to facilitate the discussions between the parties and to create an environment where open, honest and respectful discussions can take place, and the parties can reach reality tested agreements. 

Family Mediation is not an easy option. It is very likely to involve emotive and difficult issues. Furthermore there is an expectation that before meaningful discussions can take place that each side is honest with the other, which in the case of financial mediations will mean each side providing full and frank financial disclosure. 

Family Mediation can be used to resolve all issues between the parties ranging from the divorce and children issues to the finances. The difference is that the parties provide their own solutions to their own family's situation and are not dependent on solutions provided by family law professionals or the Court. However it must be stressed that often the process of mediation takes place in tandem with good quality legal advice from the parties solicitors. 

Any significant issues raised in mediation can, and often should, be discussed with the parties own solicitors who can advise on the law in any particular circumstance. Furthermore any agreement reached should be taken to the parties solicitors for advice and for implementation especially in respect of finances. 

The effective use of family mediation allows the parties to make their own decisions but their solicitors will be necessary to implement those decisions. Family Mediation is often far less expensive than litigation or the conventional use of solicitors. Within the legal process a great deal of time and money is focussed on reaching the solution and in reality very little is spent on putting that solution into practice. A successful family mediation allows the parties to find their own solutions and inevitably that will lead to less costs being incurred. 

For information on our other mediation services, please see civil mediation and commercial mediation.

For more information on Family Mediation please contact Mahie Abey on:

Tel: 01825 762281

email: ma@dawson-hart.co.uk  

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People

Mahie Abey - Partner and Head of the Matrimonial Department
Abey qualified as barrister in 1993  having studied law at Cambridge and practised in family
 

News

7 May 2008
Cohabiting partners still do not have similar rights to married couples...
 
19 March 2008

The much-publicised divorce has led to a settlement in favour of Ms Mills of £24.3m...

Testimonials

“We were given a breakdown of the likely costs at the outset and these proved to be completely accurate. I was left in no doubt as to the time process which was all clearly explained at our initial meeting. There were no surprises throughout the process which made it much easier for me to understand”

April 2008

Glossary

ADR:

An alternative to litigation to resolving disputes

Acknowledgement of Service Form:

Document completed by the Respondent to a divorce indicating whether the divorce is defended or not.

Affidavit in support of Petition:

Document filed by the Petitioner to seek Decree Nisi

Ancillary Relief:

The financial process that is linked to divorce

C1:

Form used to commence Children Act proceedings

C2:

Form used to make an application in already existing Children Act proceedings.

CAFCASS:

Child and Family Court Advisory Service.  A Government agency which assists the parties and Court in disputes involving the children.

CAFCASS Report:

Report prepared by a CAFCASS Officer (by order of the Court) in some cases where parents are in dispute about children issues.

Children Act 1989:

Main piece of legislation dealing with children issues.

Chronology (Finances):

Document filed 14 days before the FDA setting out the history of the relationship and proceedings (in brief).

Civil Partnership:

A legal status available to same sex couples.

Cohabitation Agreement:

Agreement entered into before parties cohabit setting out how assets should be divided on separation.

Collaborative Law:

An alternative system of resolving family issues where the parties agree not to go to Court and where negotiation takes place in joint meetings between the parties and their lawyers.

Common Law Husband/Wife:

A legal fallacy.  The concept does not exist and provides no protection to cohabitees.

Conciliation Appointment:

A Court appointment within Children Act proceedings at which a CAFCASS Officer is present.

Consent Order:

Court Order enshrining agreement reached between the parties

Contact Order:

This is an Order which governs the amount of time a child who does not live with a particular parent sees that parent.

Costs Order:

Order made that one side pays the other side’s costs, or part of them.

CSA:

Child Support Agency. Government agency set up to deal with child maintenance payments.

Decree Absolute:

Final decree of divorce

Directions:

Orders made by the Court to provide guidance to the parties on the conduct of the case.

Directions for Trial (Special Procedure):

Request made in writing for the Court to consider whether Decree Nisi can be made in an undefended divorce.

Divorce Petition:

Document filed at Court to start the divorce process

FDA:

First hearing after issue of financial proceedings, usually used to obtain Directions from the Court.

FDR:

Second hearing in financial proceedings. This is Without Prejudice and the Judge will give a view of the possible outcome.

Final Hearing:

The hearing at which the Court will impose a settlement on the parties.

Form A:

Form filed to start financial proceedings

Form E:

A financial affidavit which is used to provide disclosure in the Court process (and in voluntary disclosure)

Form G:

Form filed 14 days before the FDA setting out whether the parties can use the FDA as an FDR.

Form H:

Estimate of costs form in respect of finance proceedings.

Form H1:

Estimate of costs form produced before the final hearing on financial proceedings.

Freezing Injunction:

A Court order freezing the assets of a party to prevent those assets being dissipated or moved abroad.

Maintenance Order (or Periodical Payments):

An order for the payment of money on a regular basis between one party and another for the benefit of the receiving party or the children.

Matrimonial Causes Act 1973:

Main piece of legislation dealing with divorce and financial issues on divorce.

Mediation:

An alternative method of resolving disputes where the parties reach their own agreement with the guidance of a trained mediator.

Open Proposals:

Proposals made which can be considered by the Court at trial.

Parental Responsibility:

A legal concept governing the rights, duties and obligations a parent has in respect of a child.

Pension Sharing Order:

Order dividing a pension either in full or in part.

Petitioner:

Person who starts the divorce

Pre-Nuptial Agreement:

An agreement entered into before marriage dealing with the way finances should be dealt with on separation.

Prohibited Steps Order:

This Order prevents parents taking a step, which they otherwise could take as a child’s parent. For example it can be used to prevent a parent taking a child abroad.

Property Adjustment Order:

Order for transfer of property between one party and another.

Questionnaire (Finances):

Document filed 14 days before the FDA seeking further information from the other party based on the Statement of Issues and omissions in disclosure to date.

Residence Order:

This Order governs with which parent a child will live.

Resolution:

Formerly known as the Solicitors Family Law Association. This is a professional organisation to which some 5,000 family lawyers belong.  It promotes a non confrontational approach to family law.

Respondent:

Person on receiving end of the divorce petition or any other Court process within family proceedings.

S41 Certificate:

Certificate supplied by the Court prior to Decree Nisi certifying that the Court is happy that the parties have considered the children on divorce.(This is a formal part of the divorce process and not the same as the Court making an order regarding the residence or otherwise of the children when a dispute occurs.)

Separation Agreement:

Agreement entered into on separation setting out how assets (and other matters) are to be dealt with.

Specific Issue Order:

These Orders deal with particular issues in a child’s life on which parents cannot agree. For example which school a child will attend.

Statement of Arrangements for Children:

Form filed at Court with the Divorce Petition to inform the Court that the parties are thinking about the children on divorce.

Statement of Issues (Finances):

Document filed 14 days before the FDA setting out the issues between the parties.

Statement with regard to reconciliation:

Form filed with divorce Petition indicating whether the solicitor has given advice on reconciliation.

Without Prejudice:

Material which is Without Prejudice cannot be referred to in open proceedings.

Without Prejudice Proposals:

Proposals which can be considered by the parties and the Court at Without Prejudice Hearings eg FDR but not at trial.

Witness Statement:

Statement of evidence filed by a party or a witness within proceedings.

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